Meyer

*986 Opinion

INTRODUCTION

Petitioner and appellant Stephen Meyer appeals an order of the San Francisco Superior Court denying his petition to declare that a “Petition for Information” 1 he proposes to bring against his father, objector and respondent Herbert G. Meyer, as the sole surviving trustee of the Edie Westphal Herold Testamentary Trust (Trust), would not amount to a will contest. (Prob. Code, 2 § 21320.) 3

Appellant contends that the trial court erred in determining that (1) the Trust (specifically the third decree of distribution regarding the ranch property) is subject to the no contest clause contained in the decedent’s will (Will); (2) the Petition for Information would trigger the no contest clause; and (3) public policy does not render the no contest clause unenforceable under the circumstances. We agree with appellant that the trial court erred in concluding that the no contest clause of the Will was incorporated by reference into the third decree of distribution. Therefore, we shall reverse the order denying appellant’s safe harbor motion.

FACTS

Edie Westphal Herold died in February 1949, and her Will and codicil were admitted to probate on February 25, 1949.…